Burr & Forman's manufacturing experience dates back to the early 1900s when founding partner, Walker Percy, represented Tennessee Coal and Iron (now U.S. Steel Corporation) in an antitrust case. Our manufacturing team has played a critical role in attracting major economic development projects to locate and expand in the South, resulting in $24 billion in capital investment and the creation of more than 33,000 jobs.
We work with a number of manufacturers including:
- Consumer goods
- Medical devices
- Paper & plastic products
- Forest products
- Rail & road transportation
- Food & beverage (manufacture & supply)
- Equipment & machinery
We assist manufacturers in a number of areas including:
- Commercial contracts
- Corporate governance
- Employment & labor relations
- Environmental permitting
- General corporate matters
- Incentive implementation & negotiation
- Intellectual Property
- Machinery & equipment
- Mergers & acquisitions
- Plant operations & infrastructure
- Product liability
- Site selection
- State & local tax
- Supply chain
Plant Operations & Infrastructure
Our plant operations team includes a former in-house counsel and plant engineer for ThyssenKrupp Steel USA. Having team members who have been immersed in day-to-day plant operations gives Burr a distinct advantage when it comes to providing legal guidance and strategy.
Our experience covers the following:
We work with clients to draft, negotiate, and interpret infrastructure contracts, including electrical power, natural gas, potable and process water, wastewater treatment and discharge, telecommunications, roads, river terminals, and other on-site facilities.
We represent our clients in drafting, negotiating, and interpreting logistics-related contracts, including river terminals (docks), stevedoring, truck, rail, and intra-plant transportation.
Machinery & Equipment
Our team handles matters spanning the entire life cycle of machinery and equipment, including procurement, contract negotiation and preparation, installation, commissioning, IT interface, final acceptance testing, and warranty issues. Additionally, we handle equipment and construction issues, including general contractor and subcontractor licensing for turnkey and non-turnkey equipment vendors and procurement contracts.
Owner-Controlled Insurance Programs (OCIPs)
We assist owners with the development of OCIPs for their construction projects. This includes drafting owners contract terms and conditions so they conform to OCIP.
We advise clients on plant safety, safety training, and compliance with safety policies, including OSHA compliance during construction and plant manufacturing operation. Additionally, we handle matters related to noncompliant employees.
We draft and negotiate sales contracts and related terms and conditions and assist with product certification, including statutory obligations and industry-recognized certifications (e.g., UL). We also handle drafting and interpretation of claims policies while also handling claims and necessary litigation.
We represent our clients in sourcing and contracting necessary plant operations items, such as maintenance, repair, and operations (MROs), machinery and equipment, services (repair, maintenance, construction, professional, etc.), raw materials, industrial gases, consumables, and spare parts.
Our team is experienced in handling toll processing arrangements, where a manufacturer with specialized equipment purchases or processes raw materials or semi-finished goods for another company. Such arrangements may be between manufacturer and customer or between a manufacturer, customer, and a third-party service provider.
Our team provides clients with effective legal solutions designed to improve supply chain management and foster productive relationships with their suppliers, licensees, distributors, and logistics providers.
A few of the important supply chain issues on which we provide guidance include:
- Forming and implementing effective supply chain strategies, including franchise systems, distribution methods, third-party logistics arrangements, public procurement, information technology, and business process outsourcing, intellectual property, and business structuring and tax planning
- Protecting our clients' interests when suppliers are financially troubled and/or file for bankruptcy
- Identifying and implementing strategic partnership arrangements with suppliers and service providers all along the supply chain
- Screening suppliers and providing financial analysis to our clients
- Developing policies and procedures to minimize the effects of supply chain disruption
- Forecasting and mitigating the risks of disruption and allocating liability among responsible parties
- Negotiating long-term third-party logistics provider agreements for warehousing and the distribution and delivery of goods on a national basis
- Settling and resolving disputes between outsourcing companies and third-party logistics providers and customers
- Advising and litigating on the distribution process in all 50 states and internationally
- Negotiating, structuring, and closing acquisitions and other strategic transactions involving the assets of warehouse, distribution, transportation, and delivery businesses
Our team of litigation attorneys works extensively with manufacturers on litigation prevention. However, when issues arise we have trial, mediation, and arbitration experience in numerous areas, including:
- Antitrust / Pricing Discrimination
Burr's attorneys represent manufacturers in federal and state antitrust matters, including grand jury investigations, trials, and appeals in federal and state courts, and in Federal Trade Commission proceedings. Our attorneys represent clients in private treble damage litigation and in both pricing and distribution actions, as well as in dealership and agency termination lawsuits. Our team litigates pricing claims brought under state motor fuel marketing acts and the UCC.
- Employment Litigation
Our team defends manufacturers in state and federal courts on matters ranging from individual claims to the most complex class and collective actions involving dozens to thousands of employees.
- Mass Torts / Hazardous Substances
- Personal Injury
Burr represents manufacturers and their insurers in personal injury and wrongful death cases throughout the country.
- Product Liability / Manufacturing & Sales Defects
Burr defends manufacturers against claims alleging product defects caused injury or death to one or more persons, sometimes involving complex discovery and crucial expert witnesses.
Listen to our attorneys tell you more about how we help manufacturers.
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